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flag has made itself respected the laws; free exercise of the liberty throughout the seas; and where it of the
press; the dissemination and has encountered that of Spain, it advancement of public education ; has left a monument of the supe- well-founded hopes of improvement riority which it derives from the in the state of our treasury; an valour of its sailors. The Execu- army covered with laurels, and tive has adopted measures for fixing zealously devoted to the cause of the strength of our navy, as well independence and liberty ; together on our rivers and coasts as on the with sufficient resources for suphigh seas, and for laying aside such porting, under every event, our vessels as occasion immense ex- dignity, our government, and our penses, without beingoftheslightest laws. It belongs to you, gentleservice. Little, however, can be men, to remove such obstacles as done in this department, unless impede the rapid march of the reeducation be encouraged among our public to its height of prosperity, naval officers, and until the laws and to reform those errors which to which I have elsewhere referred the public voice and your own be enforced. Naval instruction is judgments condemn. If we take a taught in Carthagena and Guay- retrospective view, and contemplate aquil, as far as the small funds what Colombia was when she pubwhich the Executive can supply lished her code, we shall recognize for this purpose will permit; but with surprise the grand career we it can make but little progress have since run, and the enormous until warmly protected by Congress. difficulties we have surmounted. Having already represented the This reflection should animate us state of the army to Congress in my to persevere with zeal, honour, and former messages, pointing out such patriotism in the exercise of our relaws as appeared to me necessary spective faculties. The Executive and just, I shall content myself has reason to expect these virtues with naming the subject, in the from the representatives who comhope that during the present session pose the legislative assemblies, and you will take this interesting object you may rely confidently on reinto your consideration.
ceiving from me such assistance Such is the state of our republic as my experience in the adminisin the various branches of its ad- tration may enable me to afford; ministration : possessing friendship and above all, the strictest puncand good intelligence with Ame- tuality in the execution of your rican and foreign governments; wise resolves. regularity in its conventions aná
FRANCISCO DE treaties ; order and tranquillity at
PAULA SANTANDER. home ; respect and submission to Bogota, Jan. 2, 1825—15.
SPECIAL ARTICLES in the TREATY between COLOMBIA and the
The treaty which has been rati- tains the following articles, estabfied between the Republic of Co- lishing the principle that free ships lombia and the United States con- make free goods :
Art. 12.-It shall be lawful for shall cover the property, shall be the citizens of the United States understood as applying to those of America and the republic of powers only who recognize this Colombia to sail with their ships, principle ; but if either of the two with all manner of liberty and contracting parties shall be at war security, (no distinction being made with a third, and the other neutral, who are the proprietors of the the flag of the neutral shall cover inerchandises laden thereon,) from the property of enemies whose goany port to the places of those who vernments acknowledge this prinnow are or hereafter shall be at ciple, and not of others. enmity with either of the contract- Art. 13.--It is likewise agreed, ing parties. It shall likewise be that in the case where the neutral lawful for the citizens aforesaid to flag of one of the contracting parsail with the ships and merchandises ties shall protect the property of before-mentioned, and to trade the enemies of the other, by virtue with the same liberty and security of the above stipulation, it shall from the places, ports, and havens, always be understood that the of those who are enemies of both neutral property found on board or either party, without any oppo- such enemy's vessels shall be held sition or disturbance whatsoever, and considered as enemy's property, not only directly from the places and as such shall be liable to deof the enemy, before-mentioned, to tention and confiscation, exceptsuch neutral places, but also from one property as was put on board such place belonging to an enemy to vessel before the declaration of war, another place belonging to or even afterwards, if it were done enemy, whether they be under the without the knowledge of it; but jurisdiction of one power, or under the contracting parties agree, that several. And it is hereby stipulated, two months having elapsed after that free ships shall also give free- the declaration, their citizens shall dom to goods, and that every thing not plead ignorance thereof. On shall be deemed free and exempt, the contrary, if the flag of the which shall be found on board the neutral does not protect the enemy's ships belonging to the citizens of property, in that case the goods either of the contracting parties, and merchandises of the neutral, although the whole lading, or any embarked in such enemy's ship, part thereof, should appertain to shall be free. the enemies of either, contraband There are some exceptions on goods being always excepted. It the subject of goods contraband of is also agreed, in like manner, that war. Regulations are also made the same liberty be extended to respecting the search of vessels in persons who are on board a free time of war; but it is agreed that ship, with this effect—that although these stipulations shall refer only they be enemies to both or either to those vessels which sail without party, they are not to be taken out convoy, and that “when said vessels of that free ship, unless they are shall be under convoy, the verbal officers or soldiers, and in the actual declaration of the commander of service of the enemies. Provided, the convoy, on his word of honour, however, and it is hereby agreed, that the vessels under his protection that the stipulations in this article belong to the nation whose flag he contained, declaring that the flag carries, and when they are bound to an enemy's port, that they have their business, and transport their no contraband goods on board, shall effects wherever they please, giving be sufficient.”
to them the safe-conduct necessary It contains also the following for it, which may serve as a suffiarticles which are not usual in cient protection until they arrive treaties :
at the designated port. The citiArt. 22.-Whenever one of the zens of all other occupations who contracting parties shall be engaged may be established in the territories in war with another state, no citizen or dominions of the United States of the other contracting party shall and of the Republic of Colombia, accept a commission, or letter of shall be respected and maintained marque, for the purpose of assisting in the full enjoyment of their peror co-operating hostilely, with the sonal liberty and property, unless said enemy, against the said party their particular conduct shall cause so at war, under the pain of being them to forfeit this protection, treated as a pirate.
which, in consideration of humanity, Art. 23.-If, by any fatality the contracting parties engage to which cannot be expected, and give them. which God forbid, the two con- Art. 24.-Neither the debts due tracting parties shall be engaged from individuals of the one nation in a war with each other, they to the individuals of the other, nor have agreed, and do agree, now for shares, nor monies, which they then, that there shali be allowed may have in the public funds, nor the term of six months to the in the public or private banks, shall merchants residing on the coast, ever, in any extent of war, or of and in the ports of each other, and national difference, be sequestered the term of one year to those who or confiscated. dwell in the interior, to arrange
Note of the Vice-PRESIDENT of the REPUBLIC of COLOMBIA to
the LIBERATOR BOLIVAR.
My great good Friend and faith- zation of a project so essential to ful Ally ;-I have read with the our security and future destiny. greatest satisfaction your most ex- The necessities of the New States cellent note, dated from the city of America, their position with of Lima, the 7th of December respect to Europe, and the obstilast, in which you inform me of nacy of the king of Spain in not your great desire to see the meet- recognizing them as sovereign ing of the deputies of the Confe- states, require from us, and our derated States of America, formerly dear allies, now more than ever, belonging to Spain, within six the adoption of a system of political months, if it be possible. It is combination which will stifle, in with extreme pleasure I inform the cradle, any project intended to you, that being animated with bring on new calamities. The the same sentiments as yourself, I dangerous principle of interference, have taken beforehand every mea- which some cabinets of the old sure calculated to hasten the reali- world have embraced and followed
energy, deserve our most tions towards the republic of Mexiserious consideration, much I have reason still to mainfrom its tendency to encourage tain the hope that the assembly of the expiring hopes of our obstinate America will meet with the conenemies, as from the fatal conse- currence of the republics of Coquences which might arise in lombia, Mexico, Guatimala, Peru, America from the introduction of and even Chile, and Buenos Ayres, a maxim so subversive of the sove- if, as is likely, the politics of the reign rights of the people. Not- latter country approximate more withstanding, however ardent may to our desires since the installation be our desires to lay, at least, the of the congress of the united profoundation of this work, the great- vinces of the Rio de la Plata. est that has been conceived since With respect to the United States, the fall of the Roman empire, it I have thought proper to invite yet appears to me to be for our them to the august assembly of mutual interests that the assembly Panama, in the firm conviction, of plenipotentiaries proposed to be that our allies will see with satisconvened at Panama, should have faction such sincere and illustrious the concurrence of all, or the friends take part in the deliberagreater part of all the American tion of their common interests. governments, as well belligerents The instructions, of which I send as neutrals, both being equally you a copy, in consequence of this interested in resisting the supposed desire transmitted to our envoy right of interference to which extraordinary and minister plenisome powers of the south of Eu- potentiary at Washington, will rope have already fallen victims. clearly show you the principles For the purpose of obtaining that which have urged me to take that, concurrence,
instructions were resolution. Similar reasons have sent, on the 15th of July last, to induced me to recommend our our envoy at Buenos Ayres, to above-named minister to assure the endeavour to persuade that govern- representative of the emperor of ment of the expediency of sending Brazil at the United States of the plenipotentiaries to the assembly good disposition of the republic of of Panama, in spite of the ill suc- Colombia towards his master. In cess of a negotiation entered into the meantime the government of between both parties in 1822, for Colombia, with pleasure, intends the same desirable object. We to send, within four months from had also expected, with the great- the date hereof, its two plenipoest anxiety, the ratification of our tentiaries to the Isthmus of Patreaty of alliance and perpetual nama, where, joining those of confederation with the state of Peru, they may immediately enter Chile, of which, however we have into conferences preparatory to the not yet received any news. The installation of the general assempresent session of the legislature bly, which will perhaps begin its will not, probably, terminate with- important tas..s on the 1st of Ocout a similar treaty being con- tuber of the present year. With cluded with the provinces of Gua- the design, then, of facilitating timala, from whom we have a this result, I have ventured to minister, but whose recognition make them the following proposihas been deferred from considera- tions:
1st, That the governments of Given, signed,and countersigned, Colombia and Peru should author- by the secretary of state for Foreign ize their plenipotentiaries, assem- Affairs, in the city of Bogota, Feb. bled on preparatory conferences at 6, 1825, in the 15th year of the the Isthmus of Panama, to enter Independence of the Republic of into direct correspondence with Colombia. the ministers of state for the Fo- (Signed) FRANCISCO DE reign Affairs of Mexico, Guati
PAULA SANTANDER. mala, Chile, and Buenos Ayres, (Countersigned) showing them the necessity for
PEDRO GUAL. sending, without delay, plenipo- Secretary of State for tentiaries for those republics to Foreign Affairs. the general assembly.
HERES. 2nd, That the plenipotentiaries of Colombia and Peru
Note of the Government Council free liberty to choose whatever place the Isthmus of Panama
of the Republic of Peru, to the
Executive Power of the United they may think the most eligible, from its salubrity, to hold their
Provinces of the Rio de la Plata. preparatory conferences.
Palace of the Government 3rd, That immediately the ple
in Lima, May 2. nipotentiaries of Colombia, Peru, To his Excellency the Minister of Mexico, and Guatimala, or even the province of Buenos Ayres, three of them, shall have assembled charged with the Executive on the Isthmus, they shall be Power of the United Provinces authorized to appoint in concert of the Rio de la Plata. the day on which the general as- My great and good friend ;sembly shall be installed.
After fifteen years of sacrifices 4th, That the general assembly consecrated to the liberty of Ameof the confederated States shall rica, in order to obtain a system also be at liberty to choose on what of mutual aid, which in peace and part of the Isthmus of Panama it war might be the shield of our may judge most proper, from its new destiny, it is time that the salubrity, to hold their sittings. interests and relations which unite
5th. That the plenipotentiaries among themselves the American of Colombia and Peru shall on no Republic, formerly belonging to account absent themselves from Spain, should be put upon a basis the Isthmus of Panama after they that may, if possible, eternize the shall have entered into the prefa- duration of their governments. tory conferences, until the congress To establish that system and of the confederated states shall consolidate the power of that great have been assembled, and have political body belongs to the exerterminated its session.
cise of a sublime authority, which I hope these propositions prove may direct the policy of our goto you the lively interest taken by vernments, whose influence may the republic of Colombia, in seeing maintain the uniformity of its the realization in our beautiful principles, and whose name alone hemisphere of the great designs may calm our tempests. So reof divine Providence, which 1 fer- spectable an authority cannot exist vently invoke to maintain you in except in an assembly of plenipoits holy keeping